Motor Vehicle Accident Lawyers Serving Florida
A driver may end up in an accident if a tree, hedge, or other object blocks the driver’s line of sight. At Holliday Karatinos Law Firm, PLLC, our North Tampa car crash attorneys can provide comprehensive legal representation to help you pursue a claim against the party who caused your injuries. Our firm focuses on a wide range of cases in the area of personal injury law, including car crashes caused by an obstructed line of sight. Contact us to see how we can help you assert your claim.
Line of Sight Accidents
A driver’s line of sight may be compromised if a structure interferes with the driver’s ability to see who or what is in front of him or her. For example, a driver may fail to see a traffic sign if it is blocked by a tree. This could possibly lead to a crash with a pedestrian, bicyclist, or other motor vehicle.
Potentially dangerous obstructions that can block a driver’s line of sight include trees, branches and limbs, shrubbery, and hedges. While a driver may be responsible for the crash, other parties (such as a property owner) may be partly liable for an accident caused by an obstructed line of sight.
Line of Sight Car Crashes and Liability
If you were involved in a line of sight car wreck, you may have a claim against the driver and the party responsible for the property that blocked the driver’s line of sight. Motor vehicle accidents are usually caused by a driver’s negligence. A plaintiff in a personal injury claim must prove that the driver had a duty to exercise care; failed to exercise care; and caused the plaintiff’s injuries and related damages in order to hold the party accountable for injuries. Florida drivers must exercise the care that a reasonably prudent driver would exercise under similar circumstances, even when their line of sight is compromised. If the plaintiff can show that the driver’s breach of the duty of care caused his or her injuries, the plaintiff may be able to recover damages.
In addition to the driver, the plaintiff may be able to hold the party responsible for maintaining the tree or other obstructing property liable. Accidents that involve the property of others may fall into the legal category of premises liability. Property owners have a duty to maintain their property in reasonably safe conditions. Although property owners generally have no duty to individuals hurt outside their property, this duty of reasonable care does extend to dangerous conditions that emanate from their property. For example, if a condition intrudes a public right of way and poses a foreseeable harm to adjacent roads, the property owner may be liable.
Florida follows what is called a comparative negligence standard in personal injury claims. A jury will assess the fault of all the parties involved in a claim, including the plaintiff’s proportion of fault, if any. If more than one defendant is at fault, each defendant will be liable to the plaintiff only to the extent it was at fault for the plaintiff’s injuries.
Florida does not allow a plaintiff to recover jointly and severally in tort claims. In other words, the plaintiff cannot hold one defendant liable for all of his or her injuries if another defendant also contributed to the injuries. A plaintiff can only recover damages for the portion of fault attributed to each defendant.
Damages and Compensation
You may be able to recover damages for your injuries in a line of sight car crash. You could potentially recover for your medical expenses, loss of earning capacity, pain and suffering, and more. If your loved one died in a fatal car accident, you can seek damages by filing a wrongful death claim. You have four years to file a personal injury claim in Florida and two years to file a wrongful death suit.
Asserting Your Rights
The auto collision lawyers at Holliday Karatinos Law Firm, PLLC can help you assert you right to compensation if you were injured in a line of sight car accident in Spring Hill or another nearby area. Our attorneys have substantial experience handling both car accident claims and tree injury accident cases. We will investigate your case to help you bring an action against all the potentially at-fault parties. We serve clients in New Tampa, Brooksville, and the surrounding counties. Call us at (866) 597-0009 or contact us online to schedule a free consultation today.